P. Justin Thrailkill's answer The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.
Kim Ebert's answer According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
Bruce Alexander Minnick's answer Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil trial lawyer to keep you from being evicted--by your own children. If you and your brother are sitting on lots of cash, then hire a lawyer TODAY. However, if you and your disabled brother are poor...
Homer P Jordan IV's answer You should consult with an attorney who can review the facts of your case in detail and help you with the proper response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Robert W. Hughes Jr.'s answer All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.
Robert W. Hughes Jr.'s answer There are far easier ways to accomplish your goal than what you laid out. That said, you cannot sell any assets until they are in your name or you are in charge of the estate.
Jammie Taire's answer This can be considered a difficult and loaded question without the benefit of looking at the language in the trust. As a general answer, I will say that this is possible. It is called decanting. If you are concerned about the trustee you may reach out to the trustee or consult with an attorney so they can review the trust for you.
Jammie Taire's answer I would like to express my condolences for the loss of your father. From the information you provided, I assume that your Father did not have a will at the time of his death. As such, in GA, his assets would be divided between your step-mother and his children with the step-mother taking no less than 1/3. If there are two children then each of you and the spouse get 1/3. If there are three children - then the three children would split 2/3 and the spouse would get 1/3. Therefore, if no one...
Jammie Taire's answer This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you immediately; however, Georgia does not allow self-evictions. Therefore, although the landlord can get the writ the writ still has to be executed. Although you may not have a remedy to stay in the...
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Robert W. Hughes Jr.'s answer As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to assure you it conforms with Georgia law.
Robert W. Hughes Jr.'s answer If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.
Homer P Jordan IV's answer There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Ellaretha Coleman's answer Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.
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